The website “www.shopingz.com” (referred to as the “Site”) is the online sales site of the company JBM FACTORY (referred to as the “Merchant”).
The Site “www.shopingz.com” is the direct Internet sales activity of JBM FACTORY for food and non-food products. The Site allows a consumer acting in a non-professional or professional capacity (hereinafter referred to as the “Customer”) to connect and place an order online.
The Customer acknowledges having read these General Terms and Conditions of Sale and having accepted them during the online ordering process.
The Customer undertakes to comply with the GSC. If the Customer fails to do so, the Merchant may decide, without compensation, to suspend and/or terminate the Customer’s account and/or terminate the order and/or refuse any future order.
Any online order on this Site implies the unreserved acceptance by the Customer of these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale can be consulted directly on the Site.
ARTICLE 1 – SCOPE OF APPLICATION
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of Goods and Services offered for sale by the Merchant to the Customer.
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made on the present website www.shopingz.com. These General Terms and Conditions of Sale are concluded between: on the one hand, the Merchant, the company JBM FACTORY, owner of the Internet Site www.shopingz.com and on the other hand, the Customer, wishing to make a purchase via the online sales Site www.shopingz.com.
These General Terms and Conditions of Sale form an integral part of the offer and are therefore systematically brought to the attention of all Customers prior to placing an order. The Customer is required to read them before placing an order. The purchase of a product is the responsibility of the Customer and him alone.
The Merchant’s contact details are as follows
5 PLACE DE LA LIBERTE 29200 Brest – France
Limited liability company with a capital of €5,000
These General Terms and Conditions of Sale shall prevail over any other document issued, which are only indicative (e.g. oral or advertising information on products, etc.). They apply to the exclusion of all other conditions, and in particular those applicable to sales in shops.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is the one in force on the Website on the date the order is placed. They may be modified without notice and will be applicable to sales made after the modification.
Unless proven otherwise, the data recorded in the computer systems of the Merchant or its technical service providers constitute proof of the entire transaction between the Website and its Customer.
The fact of placing an order necessarily implies the acceptance without any reserve and the full and complete adhesion of the Customer to the present conditions. Any contrary condition opposed by the Customer will be unenforceable against the Merchant, in the absence of express acceptance on the part of the Merchant, regardless of when it may have been brought to the attention of the Merchant.
ARTICLE 2 – PRODUCTS
The main characteristics of the products are presented, in French and English, in a description sheet on the website www.shopingz.com.
The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
When placing an order by selecting a product, the Customer acknowledges having read the information relating to each product on the Site (such as the name, price, quantity, weight, and all characteristics relating to the products) and declares that he/she accepts them without reservation.
The photographs and illustrations presented on the website www.shopingz.com are not contractual and do not engage the responsibility of the Merchant. The Merchant makes its best efforts to deliver products as faithful as possible to those visible on the site. However, the Customer acknowledges that the perception of a photograph of the Products may not correspond exactly to the Product itself due to the “virtual” presentation of the Products through a screen.
The Merchant undertakes to inform the Customer of the essential characteristics of the Product. More generally, the Merchant undertakes to provide the Customer with clear, precise and fair information on each of its Products, in particular their origin, the accessories included, the weight and size of the packages…
The products presented on the Site comply with the regulations and standards in force in France and in the other countries where we offer delivery, at the date of their delivery.
For products by weight, this may vary according to the cut within a range of +/- 5% compared to the weight indicated on the product description. If the weight of the product is 5% higher or lower than the weight indicated in the description, this difference in weight will not give rise to any proportional increase or decrease in price.
The Customer understands and accepts this variation between the quantity of products actually delivered and the quantity of products ordered.
In the event that the weight of the Product is more than 5% less than the weight of the Product mentioned in the description, the Merchant undertakes to complete the order in order to bring it closer to the weight of the Product ordered within the tolerance of +/- 5% or to reimburse the Customer proportionally.
The Products are valid as long as they are visible on the Site, within the limits of the available quantities. The availability of a product and the delivery time are indicated to the Customer when the order is entered. This information is also included in the order confirmation.
The Customer is however informed that the use of the site does not allow a real time visibility on the stocks of Products of the Merchant, so that it can technically occur cases of validation of orders concerning unavailable Products. In such a case, the Merchant undertakes to offer the Customer a replacement solution for the Product(s), which the Customer is free to refuse. If the Customer refuses, the amount of the product concerned will be deducted from the total amount.
For reasons of stock management, the Merchant may limit the number of products of the same reference ordered by the same Customer.
The Merchant reserves the right to modify at any time and without notice its product offer.
In case of question, the Customer can contact the Merchant via the contact form and the coordinates given in the “Legal Notice”.
ARTICLE 3 – PLACING AN ORDER
The Customer must follow the following steps to order one or more products on the Site:
1 – The Customer goes to the Site www.shopingz.com
2 – The Customer adds the selected products or services to the order basket.
They select them and choose the quantity (depending on availability).
3 – The Customer completes their order and validates their “Basket”.
In the “My Basket” section, the Customer can modify, remove, validate or change products at any time until the order is finally validated (step 6).
4 – The Customer fills in the information required to create an account or connects to their Customer account.
The creation of an account is necessary for the first order on the Site. The email is used as an identifier, so it is essential that it is valid.
To create an account, the Customer must fill in the form with all the required information. The creation of the account is automatic as soon as the form is completed.
The information must be filled in accurately, particularly the full address in the case of delivery.
The Customer is then asked to choose a password. This password must remain confidential and not be transmitted to a third party.
To connect to his account, the Customer must enter his identifier (consisting of his email) and his personal password. The Customer remains responsible for his login and password. If the Customer loses his/her password, he/she can click on “lost password?” to receive an email allowing him/her to reset a new password.
Any order can only be registered on the “www.shopingz.com” site if the Customer has previously identified himself by filling in the account creation form or by entering his personal identifier and password.
5 – The Customer chooses the method by which he/she wishes to receive his/her order:
– either collection from the Merchant (if available),
– or delivery to the address indicated (see article 7 – Delivery of an order).
If the Customer opts for collection from the Retailer’s premises, he/she shall enter the day and time of collection. He is also informed of the address of the place of collection before validating his order. The Merchant guarantees the Customer a preferential and fast treatment of his order
6 – The customer checks and validates his order
A summary of the order is presented to the Customer with all the information, in particular: nature, quantity and price of the Products ordered, total amount of the order (including preparation and delivery costs), other information relating to the collection (date and time of collection) or delivery (method and address of delivery, carrier, time limit), Customer’s contact details, delivery address and billing address.
The Customer can check the details of his order and is able to correct any errors by returning to the details of his basket.
The payment methods are specified, payment on collection, online payment (credit card).
The customer certifies that he/she has read and accepted the present General Terms and Conditions of Sale.
To do this, he/she ticks the “I have read and accept the present general terms and conditions of sale” field on the order validation page.
The customer definitively validates his order by clicking on “I validate”.
An email detailing the order is sent to the customer.
7 – If the customer pays online, a payment page is displayed on which the customer enters and validates the payment.
8 – A confirmation email is sent to the Customer.
The confirmation email sent contains the important information of the order: order number, product(s) ordered, quantity for each product, unit price, total amount of the order (excluding VAT and including VAT), amount of preparation and delivery costs, delivery time, date and time of availability of the order in case of collection, payment terms.
This email has the value of an “order form”, and is requested when an order is collected from the shop – see section “7 – Collection of order”.
ARTICLE 4 – ORDER CONFIRMATION
The sale is considered final only after the receipt of the full price.
The registration of an order is carried out on the Customer’s account on the Merchant’s website. The Customer has the possibility to check the details of his order, its total price and to correct possible errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of the entirety of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
The Merchant reserves the right to cancel or refuse any order from a Customer with whom there is a dispute.
The orders placed on the Site are intended for personal use. The Customer shall not resell the products to a third party.
The Customer is entirely responsible for the order information entered.
Any order whose information is incomplete will not be honoured.
Consequently, the Merchant cannot be held responsible if it is unable to deliver or execute the order due to errors, inaccuracies or omissions relating to this information.
The information provided by the Customer and collected by the Site may be used by JBM FACTORY in accordance with the provisions of the “Confidentiality – Protection of personal data” section of this Site, of which the Customer acknowledges having taken cognisance.
ARTICLE 5 – PRICES / PRICES
The prices of the products are established at the rates in force on the www.shopingz.com website, at the time the order is registered by the Merchant.
The prices are expressed in Euros, including all taxes.
The price invoiced to the Customer is the total price including VAT indicated on the order confirmation sent by the Merchant, it includes the price of the products, to which are added the costs of preparation of the order and delivery.
The preparation and delivery costs are invoiced in addition, under the conditions indicated on the Websitewww.shopingz.com and calculated before the order is placed.
The delivery costs are understood to be from our storage facilities located in France and abroad.
The Merchant reserves the right to modify the prices at any time.
ARTICLE 6 – PAYMENT
The terms of payment are as follows:
– The payment of the order is made online, in cash, in full when the order is validated by the customer. Payment is only by credit card (Carte Bleue, Visa or Mastercard) via the server of the payment provider in a secure environment.
– Payment is made physically between the Customer and the Merchant when the order is handed over, in cash by any means of payment accepted by the Merchant, bank card, cash…
Online payment may be mandatory in the case of delivery.
For payment by credit card, a data encryption process ensures the confidentiality of the transaction. The payment is therefore made directly between the Customer and the bank, the information transmitted by the Customer from his computer does not circulate unencrypted on the net and does not pass through this Site.
Any new order from the Customer is accepted by the Merchant only after full and regular payment by the Customer of the sums due for his previous orders.
The Customer guarantees that he has the necessary authorisations to use the chosen method of payment.
ARTICLE 7 – DELIVERY OF AN ORDER
The Products ordered by the Customer are delivered according to the terms and conditions specified in the “delivery method” section. Deliveries are made by the merchant or a carrier, to the address indicated by the Customer at the time of the order and to which the delivery person will have easy access.
The Products ordered are delivered at once, except in special cases or unavailability of one or more products.
The Merchant undertakes to make its best efforts to deliver the products ordered to the Customer at the address and within the time limits indicated in the order confirmation. These deadlines are communicated as an indication. These times vary according to the distance to be covered, the number of orders received by the Merchant and the availability of the Products.
If the ordered Products were not delivered within eight days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale can be solved with the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer are then returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.
Availability of the delivery service
The delivery service cannot be provided for certain Products or certain geographical areas. It is only available when the option is offered to the Customer at the time of ordering on the site.
If the delivery service is not available, the Customer must collect the Products himself in the shop, see article 8 “Collecting an order”.
The Customer undertakes to be available to receive the products at the address and time slot indicated in the order.
In the event that the products ordered cannot be delivered due to the absence of the Customer or due to erroneous or imprecise information on the time and place of delivery, the order will be deposited in the branch of the carrier of the place of delivery or a new delivery date will be proposed depending on the carrier selected. In the case of delivery by the retailer himself, he will offer the customer to collect the product in the shop or to deliver the order on a specific date.
The Customer is required to check the condition of the products delivered at the time of delivery and the number of products.
Receipt of fresh products
The Customer must be present for the handover of the order.
If the Customer is not present at the time of delivery, the carrier will leave a dated notice of delivery, which attests to the presentation of the shipment. It shall mention the place where the shipment can be collected or the possibility of a new presentation.
Due to the specificity of fresh products which are perishable goods, the responsibility of the carrier or the Merchant cannot be engaged in case of absence of the Customer at the time and day of delivery and/or redelivery.
The Customer is particularly informed that given the perishable nature of fresh products, if the Customer does not receive his parcel or does not pick it up, no refund will be made.
For fresh products, any delivery refused by the Customer before the expiry date of the products shall result in the refusal of compensation for the packages by Chronopost (Chronofresh), if this service is retained.
The refund in this case is at the discretion of the Merchant.
In the event of missing or damaged products, the Customer must make all the necessary observations upon receipt of the products on the delivery note and confirm his reservations by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the products in accordance with the provisions of Article L 133-3 of the Commercial Code. The relevant proofs must be transmitted, in particular photos. A copy of this letter is also sent to the Merchant.
In case of non-conformity of the delivered products compared to the ordered products or to the delivery order, the Customer must immediately return the non-conforming product at his expense and risk and formulate his complaints in writing at the latest within 3 days of the reception of the products to the address of the Merchant.
The Merchant shall reimburse or replace as soon as possible and at his own expense, the delivered products whose defects of conformity or apparent or hidden defects are duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these General Terms of Sale.
After a period of 3 days after receipt and if the above formalities have not been respected, the Products are deemed to be in conformity and free of any apparent defect and no claim can be validly accepted by the Merchant.
ARTICLE 8 – WITHDRAWAL OF AN ORDER
To collect his order, the Customer must go to the address indicated in the order confirmation email, on the day, date and time chosen by the latter according to the time slots proposed by the Merchant.
At the time of collection of the order, the Customer must be able to provide proof of identity and also of age when selling goods subject to authorisation, such as the purchase of alcoholic beverages reserved for adults only.
The customer must also present the order confirmation email, which has the value of an “Order Form” or the reference of the order.
In the absence of an email, the Customer has the option of printing his Order Form after validating his order online. If a Customer is unable to print his Order Form, he must note down the reference of his order. In the absence of an Order Form, this number may be requested in the shop when the order is collected.
Upon receipt of the order, the Customer must ensure that it is in conformity with the order and inform the shop of any problem of non-conformity of the products collected in relation to the order.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The right of withdrawal cannot be applied to
– to products that have been personalised or made to the Customer’s specifications;
– products that are likely to deteriorate or expire rapidly;
– products unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
Thus, all “fresh” products sold on this Site cannot be subject to the right of withdrawal referred to in Article L 121-20 of the Consumer Code.
For other products, in accordance with the provisions of articles L121-21 et seq. of the French Consumer Code, the Customer has a period of 14 calendar days to communicate his or her wish to withdraw from the order as of the date of receipt of the order.
When the period expires on a non-working day, it is extended to the next working day.
The burden of proof of the exercise of the right of withdrawal lies with the Customer.
In order to exercise the right of withdrawal, the Customer must make his decision to withdraw known by sending an explicit statement on plain paper by post to the address of the Merchant, or electronically to the email address of the Merchant (present on the Site), before the expiry of the withdrawal period.
From the communication of this decision, the Customer must return the product(s) concerned to the Merchant within a reasonable time and, at the latest, within 14 (fourteen) days, without having to justify his reasons or pay penalties.
The returns must be made in their original condition and complete in a packaging identical to that used at the time of shipment allowing their marketing.
Returns must also be accompanied by a copy of the proof of purchase received by email at the time of order confirmation for optimal management.
The Customer has the option of returning all the Products directly to the Merchant or sending a parcel by post, by simple or registered letter, to the address indicated on the proof of purchase. In the latter case, the Customer shall bear the corresponding delivery costs.
In the event of exercising the right of withdrawal, only the price of the Product(s) subject to the withdrawal and the delivery costs are reimbursed by the Merchant, at the latest within 14 (fourteen) days from receipt of the Customer’s declaration of withdrawal.
ARTICLE 10 – LIABILITY
The Merchant uses all means at his disposal to ensure the availability of the Products, the processing of orders and the sale of the Products in optimal conditions.
The responsibility of the Merchant can not be engaged:
– in the case where the non-performance of its obligations results from a fact of force majeure, i.e. in the case of external events that the Merchant could not have foreseen and overcome. (see Article 11).
– for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, external intrusion or the presence of computer viruses.
– for any cause attributable to the Customer, i.e. in the event of a lack of prudence, diligence or negligence on his part.
Transfer of risks
The transfer of risks of loss and deterioration of the ordered products differs according to the availability of the products:
– For a collection, the transfer takes place when the Customer takes physical possession of the Products,
– For deliveries made by the Merchant, the products travel at the risk of the Merchant, as for a collection, the transfer is made at the moment the Customer takes physical possession of the Products,
– For deliveries made by a transport professional, the transfer of risk is at the time of handing over the order to the carrier.
Retention of title clause
The products remain the property of the Merchant until full payment of the invoiced price.
ARTICLE 11 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 12 – GUARANTEE
The Customer benefits from the legal guarantee of both the Civil Code and the Consumer Code, upon presentation of the dated purchase invoice, which precisely mentions the reference of the product concerned.
Any complaint must be addressed to the Merchant by the Customer by registered letter with acknowledgement of receipt to the address of the Merchant appearing at the top of these General Terms of Sale.
ARTICLE 13 – APPLICABLE LAW
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law and written in the French language.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 14 – SETTLEMENT OF DISPUTES
The Merchant and the Customer shall endeavour to settle amicably any dispute arising between them.
In accordance with the provisions of Articles L 612-1 et seq. of the Consumer Code, it is recalled in this respect that the Customer has the possibility of resorting to the Mediation procedure, by contacting the Mediator of the Professional Federation of E-commerce and Distance Selling (FEVAD) at the following address FEVAD – service de médiation du e-commerce (60 rue de la Boétie – 75008 Paris – firstname.lastname@example.org).
The Mediator may be contacted about any commercial dispute related to the sale of a product or service purchased remotely, subject to compliance with the conditions for admissibility of the case. To find out about these conditions, click on the following link: http://www.fevad.com/mediation/#topContent
ARTICLE 15 – CUSTOMER SERVICE
For any question or information, the Customer may contact the Merchant’s customer service department using the contact details given in the “General Terms of Sale”.